Itkowitz was lead counsel for the Metropolitan Transportation Authority in evicting tenants from Grand Central Station so that its historic renovation could begin.

July 12, 2009

Itkowitz was lead counsel for the Metropolitan Transportation Authority (MTA) in evicting tenants from Grand Central Station in the mid-1990s so that its historic renovation could begin. Here are some victories from that representation:

MTA v. Dollar Bills

(Civ. Ct. N.Y. Cty. 5/13/96)

Court upheld holdover petition by the MTA against Dollar Bills, the last holdout tenant whose removal was necessary for the renovation of Grand Central Station. The court rejected attacks on the service of the notice of petition; permitted the amendment of the petition; and determined that the failure to timely object to the verification of the petition constituted waiver of any objection, and that a discrepancy in the description of the premises was a “non-jurisdictional” amendable defect. Link to Full Text of Decision

Terminal Camera v. MTA
(Sup. Ct. N.Y. Cty. 3/6/96)

Terminal Camera was a small store operating in Grand Central Station that resisted all efforts to remove it. Delay past the point when construction was scheduled to begin could have potentially cost the MTA $900,000.00 per month. Itkowitz prevailed against Terminal Camera in a civil court holdover proceeding. Terminal Camera then brought an Article 78 Proceeding challenging the MTA’s right to terminate the subject month-to-month lease that we defeated. Subsequently Terminal Camera’s efforts to stay its eviction in bankruptcy court failed, as did any attempt to obtain a stay in the Appellate Division. MTA has “proprietary right,” like any other landlord, to terminate a tenant’s lease. Link to Full Text of Decision

Link to list of Other De-Leasing Projects Itkowitz has been involved in.

itkowitz.com